Common Law Marriage in Texas

A common law marriage is when a couple lives together for a period of time and holds themselves out to friends, family, and the community as “being married,” but never goes through a formal ceremony or get a marriage license.

Requirements to Prove Common Law Marriage:

1. Couple agrees to be married;

2. Couple lives together(cohabitates) in this state and,

3. Couple holds themselves out to others as married to each other.

Examples of holding out as being a married couple:

Taking the same last name

Referring to each other in public as “husband” or “wife”

Joint bank accounts

Joint credit cards

Both parties must have the legal right or “capacity to marry”

Both must be 18 years old

Both must be of sound mind

Both must not be married to someone else

If a legal action to prove a common law marriage is not commenced within 2 years after the parties ceased living together, a presumption arises that the parties had not agreed to be married.